Hunter v. Weston
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The evidence fully supported the allegations of the petition. “Where there is any evidence at all tending to prove the allegation of the petition, the case should go to the jury.” JBaumv. Fryrear, 85 Mo. 151; Moody v. Deutsch, 85 Mo. 237. “A demurrer to the evidence admits every fact which any of the evidence tends to prove, and also every fact that the jury may with propriety infer from the evidence.”
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The evidence fully supported the allegations of the petition. “Where there is any evidence at all tending to prove the allegation of the petition, the case should go to the jury.” JBaumv. Fryrear, 85 Mo. 151; Moody v. Deutsch, 85 Mo. 237. “A demurrer to the evidence admits every fact which any of the evidence tends to prove, and also every fact that the jury may with propriety infer from the evidence.” Noeninger v. Vogt, 88 Mo. 590; Donohoe v. Railroad., 91 Mo. 360. (2) A child playing in the street is in lawful use of the…
1Opinion of the CourtThomas, J.
This is an action for personal injuries received by Mrs. Hunter on the sixteenth day of March, 1889. At the close of plaintiffs’ evidence the court directed a nonsuit, and plaintiffs appeal.
In-1886 defendant Weston filed in the recorder’s office of J ackson county a plat of Weston’s addition to the City of Kansas. The land platted was bounded on the west by Clairmount street, on the south by Pacific street, on the east by land not laid off into town lots, and on the north by what is known as “Hurk’s Resurvey,” the latter extending north to Fifth street, that being the first street it reached.…
2Cases cited5 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Craig v. City of SedaliaSupreme Court of Missouri · 1876
- Walker v. City of KansasSupreme Court of Missouri · 1889
- Moore v. City of Cape GirardeauSupreme Court of Missouri · 1890
- Blaisdell v. City of PortlandSupreme Judicial Court of Maine · 1855
3Cited by9 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Ely v. City of St. LouisSupreme Court of Missouri · 1904
- Boyd v. Kansas CitySupreme Court of Missouri · 1922
- Kossman v. City of St. LouisSupreme Court of Missouri · 1899
- Lovins v. City of St. Louis.Supreme Court of Missouri · 1935
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